Terms of service

Last updated: 24 February 2026.  For each order, the terms in force at the time of your Order Confirmation apply to that order. Later updates do not alter previously confirmed orders.

POLICY ARCHITECTURE & PRECEDENCE

The following policies form part of these Terms of Service ("General Terms and Conditions (GTC)") and apply to their subject matter: Shipping Policy, Refund Policy, Privacy Policy, Purchase Options Cancellation Policy (subscriptions), Legal Notice (Imprint) and Contact Information

Precedence (in case of conflict):

  • the Order Confirmation (and any written side agreement for that order);
  • these GTC;
  • the specific policy governing the topic (e.g., Shipping Policy for delivery terms, Return & Refund Policy for RMA/returns, Purchase Options Cancellation Policy for subscriptions);
  • any other site content (including FAQs, product pages, blogs, marketing emails or social media).

If translations exist, the English version controls.

Overview

This website is operated by OBERON GmbH. Throughout the site, the terms “we”, “us” and “our” refer to OBERON GmbH or "OBERON". OBERON offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions ("General Terms and Conditions (GTC)", “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These GTC apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these GTC carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these GTC. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these GTC are considered an offer, acceptance is expressly limited to these GTC. 

Any new features or tools which are added to the current store shall also be subject to the GTC. You can review the most current version of the GTC at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

The following general terms and conditions of sale, delivery and payment apply exclusively to all offers, sales and deliveries of OBERON GmbH. Deviations from these terms and conditions, in particular the buyer's general terms and conditions of purchase, shall only become part of the contract if they are expressly recognised by OBERON GmbH in writing.

Should any provision of these General Terms and Conditions of Sale and Delivery and the other agreements made be invalid, this shall not affect the validity of the remaining provisions and agreements. In place of the invalid provision, a valid provision shall be deemed to have been agreed from the outset which comes closest to the economic regulation intended by the parties.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these GTC, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse Service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Cancellations after Order Confirmation require our written consent. If we accept a pre-shipment cancellation, we may charge reasonable administration and third-party costs incurred. After shipment, cancellation is not possible; the returns process in Section 7 applies. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Pricing Policy

Currency and Conversion

All prices on our website are initially quoted in Swiss Francs (CHF), which is our base currency. For our customers' convenience, we use dynamic currency conversion technology to display our prices in the local currency of our users within the European Union (EU). This conversion is based on current foreign exchange (FX) rates, sourced from reliable financial data providers via Shopify website, and is updated regularly to reflect market fluctuations. Please note that the final price charged in your local currency may vary slightly due to changes in FX rates between the time of viewing and the time of purchase. Checkout currency is CHF. Any local-currency display is indicative; your card issuer may use its own rate and fees.

Inclusions and Exclusions

The prices displayed, if applicable, include the statutory Value Added Tax (VAT) applicable within Switzerland. However, delivery costs are not included in the displayed price. Any additional costs incurred for delivery will be shown separately during the checkout process.

Price Adjustments

OBERON GmbH reserves the right to modify prices without prior notice. Prices at the time of placing an order are valid throughout the buying process. For follow-up orders, OBERON GmbH is not bound by the prices of previous transactions. This means that prices are subject to change and may be adjusted in response to various factors, including but not limited to changes in VAT rates, significant currency fluctuations, or adjustments in supplier costs.

Acknowledgment of Pricing Terms

By making a purchase on our website, you acknowledge and agree to our pricing policy. You accept that while we strive to provide accurate price conversions into your local currency, the actual amount charged to your payment method may slightly vary due to the timing of currency conversions and any associated fees that your bank or payment provider may apply.

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Offers

All information from OBERON GmbH on prices, goods, delivery and other conditions, whether general or specific with regard to an enquiry from the buyer, is non-binding unless OBERON GmbH expressly submits a binding offer. Orders and purchase orders shall only be deemed accepted if OBERON GmbH has confirmed them in writing. The information on the quality of the goods and other conditions contained in the order confirmation shall take precedence over any deviating information in orders and commissions.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

5.1 Trade-in & Buyback (optional program)

From time to time, at OBERON's discretion, we may offer trade-in or buyback programs. Key terms:

a) Separate contract. Any trade-in/buyback is a separate contract from a new purchase. Credit is applied only after we accept the trade-in.
b) Provisional valuation. Online/phone quotes are subject to inspection and testing (including serial-number check). We may adjust the valuation or decline after inspection.
c) Condition & disclosure. You must disclose usage, faults, repairs, and missing items (e.g., lids, hoses, filters, cables, O-rings, manuals). We may deduct reasonable amounts for cleaning, missing accessories, damage, or required repairs.
d) Preparation. Before handover you must drain, dry and clean the equipment and pack safely (original or equivalent packaging). If you are unable to provide adequate safe packaging, OBERON reserves the right to deduct reasonable amounts for replacing.
e) Title & risk. You warrant clear title (no liens/finance). Risk remains with you until we receive and sign for the item. Title transfers to OBERON upon acceptance and payment/crediting of the trade-in value.
f) Outcomes. If our final valuation differs, you may accept the new value or request return at your cost. If rejected, no credit is due and the item is returned at your cost.
g) Credit usage. Unless we agree otherwise in writing, trade-in credit is applied to OBERON purchases only. If you cancel the related new order after we accept the trade-in, we may refund in store credit or unwind only if the item has not been resold or recycled, less handling/transport costs.
h) Fraud & compliance. We may require ID and proof of purchase; suspected stolen goods may be reported to authorities.
i) Data & hygiene. You are responsible for deleting any personal data on devices and for hygienic preparation.

5.2 Rental (Hire) of Equipment

5.2.1 Scope & precedence. If we rent or loan equipment (“Rental Equipment”) to you, the rental is governed by our Rental (Hire) Terms (separate document). These GTC also apply; if there is a conflict, the Rental (Hire) Terms prevail for the rental.

5.2.2 Title, risk & location. Title to all Rental Equipment remains with OBERON at all times. Risk of loss or damage passes on delivery to the agreed place (or the nearest accessible point under 6.7) and remains with you until we retake possession. Do not move the equipment from the agreed address or take it across borders without our written consent.

5.2.3 Use & maintenance. Use the equipment per the manuals and safety guidance (including water hygiene and electrical requirements), keep it secure, and perform routine daily care (e.g., cleaning, filter checks, water-chemistry control, winterisation where applicable). Commercial users must keep a basic maintenance/water-treatment log and present it on request.

5.2.4 Damage, loss & cleaning. You are liable for loss, theft, and damage beyond fair wear and tear. We may charge for repair/replacement at fair market cost and for extraordinary cleaning/descaling on return. Missing accessories (e.g., lids, hoses, cables, remotes, manuals) will be charged at replacement cost.

5.2.5 Service & repairs. Do not open, modify, or repair the equipment without our consent. If a fault occurs, notify us immediately. We will decide whether to repair, swap, or collect. Downtime credits, if any, are limited to the rental fee for the affected period; no indirect or consequential losses are covered (subject to mandatory law).

5.2.6 Insurance & deposit. We may require a security deposit and/or proof of insurance covering accidental damage, theft and public liability for the rental period. We may offset repair, replacement, cleaning and late fees against the deposit.

5.2.7 Delivery, collection & access. Delivery/collection terms mirror Section 6 (Standard Delivery, Non-Standard Access, Additional Services). Failed collection, waiting time, redelivery and storage are chargeable.

5.2.8 Term, late return & termination. Rental runs for the agreed term. Late returns are charged at the daily rental rate (or a stated late fee) until we receive the equipment. We may terminate early (with collection) if you breach these terms or if continued use poses a safety risk; unused rental days will be refunded where termination is not due to your breach.

5.2.9 No sublease or security. You may not sub-rent, pledge, or otherwise encumber the Rental Equipment.

5.2.10 Liability. Nothing in these GTC limits liability for intent or gross negligence or personal injury where unlawful to limit. Subject to mandatory law, we exclude indirect or consequential loss and liability for slight negligence; your remedies for equipment failure are limited to repair, replacement, or a rent credit for the affected period.

5.2.11 Buyout / trade-in. If a buyout option is offered, the terms will be stated in writing (price, condition, timing). Trade-in rules are in 5.1.

SECTION 6 – DELIVERY

6.1 Delivery Area

Deliveries are available within Switzerland and Liechtenstein. Deliveries to the EU/EEA and other jurisdictions are by arrangement and subject to the terms stated in the Order Confirmation (including any applicable Incoterms, taxes, duties and fees).

6.2 Definitions

  • “Standard Delivery”: delivery included in the purchase price within Switzerland/Liechtenstein to a location readily accessible to OBERON GmbH’s (“OBERON”) logistics partners by road and permitting movement of the packaged product through entranceways and common areas without special equipment or extraordinary manpower.

  • “Non-Standard Access”: constrained delivery circumstances (e.g., upper floors without a suitable goods lift; lifts too small for the packaged product; narrow/obstructed corridors or staircases; pedestrian zones; car-free villages; long carries from the nearest accessible point; time windows/permits).

  • “Additional Services”: multi-person stair carries, external/piano lifts, cranes, door/banister removals, special handling, protective floor coverings beyond ordinary care, redeliveries, storage, and waiting time. 

6.3 Standard Delivery & Scope

Unless expressly agreed otherwise in the Order Confirmation, Standard Delivery is included in the purchase price and is made to the curb-side/first accessible threshold at the stated delivery address during normal business hours. Unloading the goods from the vehicle, in-home placement, installation, connection to utilities, filling and commissioning are not included and require a separate agreement (the “Additional Services”). 

6.4 Delivery Dates & Partial Deliveries

Delivery periods and dates are merely indicative and non-binding unless expressly confirmed in writing as a "fixed date". OBERON reserves the right to may make partial deliveries. Delays do not entitle the Customer to rescind or claim damages unless (i) a written hard fixed date was agreed, (ii) OBERON is in default despite a grace period of at least 10 business days, and (iii) the Customer suffers damage directly caused by such default. 

6.5 Force Majeure / Disruptions

Events beyond OBERON’s reasonable control (e.g., severe weather, authority orders, strikes, carrier disruptions, supply interruptions, road closures, building access restrictions, unexpected structural constraints) suspend performance for the duration of the impediment. OBERON may adjust delivery dates or withdraw from the contract without liability for damages; any amounts paid for undelivered goods will be refunded.

6.6 Customer Duties (Call-Off, Site Readiness, Access)

a) Call-off orders. Where goods are ordered on call, the Customer must request delivery within the agreed timeframe after OBERON’s notice of availability.
b) Site readiness. The Customer must ensure a safe unloading area and timely site access (permits, elevator bookings, concierge approvals).
c) Access disclosure. Prior to delivery, the Customer must disclose obstacles and confirm that entrances, corridors, staircases and lifts are suitable for the packaged dimensions and weight. OBERON may request measurements, photos, a questionnaire or a site visit (virtual or physical, with or without representatives of the transport company).  

6.7 Accessibility & Additional Services

If Non-Standard Access applies, OBERON will either (i) deliver to the nearest accessible point, or (ii) offer a quotation for Additional Services. Additional Services are chargeable, subject to availability and may require pre-payment. For safety reasons, OBERON may refuse delivery/installation that, in its reasonable judgment, presents unacceptable risk. Any mains-voltage electrical work must be performed by qualified personnel in accordance with applicable law and the product manuals. We may refuse delivery/installation that, in our reasonable judgment, presents unacceptable risk.

6.8 Unloading and Transport to Point of Use

Unless Additional Services are agreed in writing, the Customer is responsible for unloading from the delivery vehicle and, if necessary, transporting the goods to a location other than the unloading point (for example, an installation site or point of use within the premises) is the responsibility of the buyer. It is the responsibility of the buyer to ensure the goods are unloaded in a safe location.

6.9 Failed Delivery, Waiting Time, Redelivery & Storage

If delivery cannot be completed for reasons attributable to the Customer (including absent site readiness, undisclosed access constraints, or absence at the agreed time), waiting time, redelivery, storage and handling are chargeable as Additional Services. If the Customer does not take delivery within a reasonable period after notice, OBERON may store the goods at the Customer’s risk and cost and invoice any outstanding amounts.

6.10 Transfer of Risk and Title

Risk passes to the Customer upon delivery to the agreed place of delivery. Where delivery is made to the nearest accessible point under clause 6.7 (Non-Standard Access), risk passes upon such delivery to that point. Title transfers to the Customer upon OBERON’s receipt of full payment for the goods.

6.11 Inspection and Notice of Defects

The Customer must examine the goods promptly upon delivery and notify OBERON in writing of any apparent transport damage or delivery discrepancies without undue delay and no later than five (5) days after delivery; hidden defects must be notified without undue delay after discovery. Complaints related to shipping or transport must be addressed by the buyer to the carrier immediately upon receipt of the delivery, before the goods are put into service. In case of transport damage, the Customer must (i) note “accepted with reservation” on the carrier’s document, (ii) have the carrier acknowledge & countersign such note, and (iii) preserve the packaging for inspection. A delivery photo or carrier scan at the address may serve as proof of delivery. OBERON GmbH will assess these claims against the transport company.

6.12 International Deliveries

For deliveries outside Switzerland/Liechtenstein, delivery obligations, risk transfer and any customs, taxes or duties are as stated in the Order Confirmation and applicable Incoterms. In case of conflict, the Order Confirmation prevails. The Order Confirmation will state the applicable Incoterms rule (e.g., DAP or DDP) and the importer-of-record responsibility for any customs, taxes or duties.

SECTION 7 – WARRANTY & RETURNS

7.1 Scope and Duration

7.1.1 Consumers (B2C). For sales of new movable goods to consumers, the statutory limitation period for defect claims is two (2) years from delivery. For used goods (including but not limited to ex-demo, ex-rental, repaired or refurbished) sold to consumers, the warranty period will be reduced to one (1) year, unless expressly stated and agreed otherwise in writing by OBERON. The warranty conditions stated at the time of purchase may provide a longer warranty period and shall prevail over this default period.

7.1.2 Business / Commercial (B2B). For purchases by businesses or for commercial use, OBERON provides a contractual warranty of one (1) year from delivery unless expressly stated and agreed otherwise in writing by OBERON.

7.1.2.1 Used Goods (B2B). For used goods (including but not limited to ex-demo, ex-rental, repaired, refurbished, trade-in or previously installed equipment) sold to businesses or for commercial use, the warranty period shall be six (6) months from delivery unless otherwise expressly stated at the time of purchase. OBERON may reduce or exclude warranty rights entirely to the extent permitted by Swiss law where this is expressly agreed. Any warranty conditions stated at the time of purchase shall prevail over this default warranty period and over the standard warranty period defined in Section 7.1.2.

7.1.3 The warranty covers defects in materials and workmanship under normal use. It does not cover consumables or normal wear.

7.1.4 Territory / Service Centre Location / Transfer. Warranty service is available within Switzerland and Liechtenstein. Repairs are performed at an OBERON-designated Service Centre located in Switzerland. The warranty applies to the original purchaser and the location of first delivery and/or installation and is not transferable without OBERON’s prior written consent.

7.1.5. All valid warranty claims are subject to adherence to the prescribed maintenance tasks and recommended schedule (e.g. monthly cleaning of mesh filters, replacement of paper filters); and following winterisation steps (e.g. draining electric chillers or integrated ice baths) when temperatures fall below 0° Celsius. 

7.1.6 Priority of Specific Warranty Terms.
Where a product listing, quotation, order confirmation or written agreement specifies different warranty conditions for used, refurbished, demonstration or clearance goods, those specific conditions shall take precedence over the standard warranty provisions of this Section 7.

7.2 What the Warranty Covers & Remedies

7.2.1 Coverage. Defects in materials or manufacturing present at the time of risk transfer that manifest during the applicable warranty period; and (if applicable) leaks or failures caused by installation workmanship performed by OBERON/Authorized Partner.
7.2.2 Remedies. At OBERON’s discretion—and subject to reasonableness and proportionality—we will:
(a) repair the product; or
(b) replace it with a new or refurbished equivalent; or
(c) grant a price reduction / credit / refund where repair or replacement is impracticable, disproportionate, or the equivalent product is unavailable.
If repair or replacement fails twice or would cause unreasonable delay, the buyer may request rescission where legally available.

7.3 Exclusions (non-exhaustive)

Not covered: (a) normal wear/consumables (filters, media, sacrificial anodes, O-rings, seals/gaskets, hoses, valves, covers, finishes, fasteners); (b) improper handling/storage/installation/commissioning/operation/maintenance (including non-compliance with manuals, electrical requirements, ventilation/condensation planning, drainage, winterisation, transport/rigging); (c) water chemistry outside specified ranges, scale/corrosion, biofouling/contamination, unapproved chemicals; (d) environmental/locational factors (freezing, overheating, ingress protection exceedance, flooding, vermin, dust/sand, saline/coastal corrosion without protection); (e) unauthorised parts/modifications, third-party repairs, non-approved accessories, or use outside intended purpose; (f) external causes (power quality issues, lightning, plumbing/drainage, building movement); (g) cosmetic deviations/minor impairments not materially affecting function; (h) damage after risk transfer (Section 6), including transport damage during Customer-arranged moves; (i) characteristics typical of used goods, including cosmetic wear, prior installation marks, minor noise variations, or performance deviations not materially affecting intended function.

7.4 Customer Duties (Inspection, Maintenance, Access)

7.4.1 Inspection & notice. The Customer must examine goods immediately upon delivery and notify OBERON in writing within five (5) calendar days of any apparent defects; hidden defects must be notified without undue delay after discovery and within the applicable limitation period. Complaints must be raised before the goods are put into service.
7.4.2 Maintenance. The Customer must perform and document routine maintenance per the product manual, where specified (e.g., filter changes, cleaning, descaling, water-chemistry logs, winterisation). For business or commercial use, a maintenance log is required and may be requested when assessing claims.
7.4.3 Access. The Customer must provide reasonable access for diagnostics/repair and protect the site (floors/walls/finishes) during service.

7.5 Costs and Process

7.5.1 Return Merchandise Authorization (RMA) required. Before returning any product/module/part, the Customer must obtain an RMA from OBERON. RMA requires the order number, photos/videos and a fault description for triage, in order to provide the relevant Swiss Service Centre address and packing/shipping instructions. Unauthorised returns may be refused.

7.5.2 Default pathway – return-to-base (transport at Customer’s cost).
The default warranty pathway is return-to-base repair at an OBERON-designated Service Centre in Switzerland. The Customer arranges and bears all costs of packing, collection, transport, customs/taxes (if any) and return delivery between the Customer site and the Service Centre (see also 7.5.5–7.5.6).

7.5.3 DOA transport. If a product is confirmed dead-on-arrival within 14 calendar days of delivery, OBERON will cover reasonable two-way transport for the warranty process (collection and re-delivery or replacement).

7.5.4 Customer-directed self/third-party repair (optional).
If the Customer does not wish to pay transport under 7.5.2, the Customer may elect to repair the product themselves or via a third party of their choosing. In that case:
(a) OBERON will, as a goodwill measure, supply the necessary replacement parts free of charge (and ship them at OBERON’s cost within CH/LI).
(b) The warranty is void for the affected components and any damage arising from such self/third-party repair from the date the Customer elects this option. OBERON assumes no responsibility for workmanship, safety or compliance of such repairs.
(c) This option is not available where the repair concerns logistically impractical products per 7.5.4.

7.5.5 Logistically impractical products – OBERON-mandated on-site repair.
For products where return-to-base is impractical or disproportionate due to size/installation or site constraints not attributable to Customer breach—including without limitation static ice baths, including the Acrylux and Zen, installed on upper floors without suitable goods lifts or where disassembly/transport poses unreasonable risk—OBERON or an Authorized OBERON Service Partner will repair on-site at the Customer’s premises, and OBERON will cover both parts and on-site repair labour for the warranted defect. Transport to/from the Service Centre is not applicable in this scenario.

7.5.6 Packaging & risk (for returns, trade-ins, or exchanges).
When a return, trade-in, or exchange has been agreed with written confirmation by OBERON, under 7.5.2, items must be shipped in original or equivalent protective packaging. Risk in transit lies with the sender until receipt and acknowledgement at the specified Service Centre. Damage from inadequate packaging is excluded from warranty. 

7.5.7 Costs covered by OBERON (valid warranty).
(a) Under 7.5.2 (return-to-base): OBERON covers replacement parts and repair labour performed at the Swiss Service Centre; Customer pays all transport.
(b) Under 7.5.4 (self/third-party): OBERON covers replacement parts only; Customer bears all labour and assumes responsibility; warranty for affected components is void.
(c) Under 7.5.5 (impractical — on-site): OBERON covers replacement parts and on-site repair labour by OBERON/Authorized Service Partner.
In all scenarios, unless OBERON expressly agrees otherwise in writing, the Customer remains responsible for any de-/re-installation, rigging, access equipment, permits and site protection that are unrelated to the defect repair itself.

7.5.8 Advance exchange (optional).
For critical modules, OBERON may offer advance exchange against a refundable deposit. The defective module must be returned within the stated period using the RMA instructions; otherwise charges apply. Title to replaced parts/modules transfers to OBERON upon exchange.

7.5.9 Return and ownership of defective parts.
OBERON may require return of defective parts/modules for evaluation. Failure to return when requested may result in charges. Replaced parts become OBERON’s property.

7.5.10 Post-repair warranty on replaced parts.
Repaired/replaced parts are warranted for the remainder of the original warranty period or ninety (90) days from return/installation, whichever is longer. No warranty extension applies to the product as a whole.

7.5.11 Outside CH/LI.
For products located outside Switzerland/Liechtenstein, cross-border transport, customs and taxes are the Customer’s responsibility unless OBERON agrees otherwise in writing.

7.6 Limitations of Liability

Nothing in this Section limits liability for intent or gross negligence or for personal injury under mandatory law. Subject to mandatory law, OBERON excludes liability for indirect or consequential losses (e.g., business interruption, lost profits, water/electricity costs, spoilage) and for slight negligence. This contractual warranty is the Customer’s exclusive remedy for defects, without prejudice to any non-waivable statutory rights.

7.7 Relationship to Statutory Rights

7.7.1 For consumer purchases of new movable goods, the statutory limitation period for defect claims is two (2) years. This contractual warranty runs in parallel and does not reduce non-waivable rights.
7.7.2 For non-consumer (commercial/B2B) transactions, the statutory limitation period for defect claims is twelve (12) months. The foregoing does not affect claims arising from intent or gross negligence.

7.8 Returns (contractual policy)

Switzerland provides no general statutory right to return non-defective online purchases. We therefore apply the following contractual policy, unless expressly agreed otherwise in writing by OBERON:

a)Tubs, chillers, custom, made-to-order or installed items: no returns once opened/installed.

b) Accessories (unopened, unused, re-saleable): 14-day discretionary goodwill return from delivery date. You must obtain an RMA and return carriage paid in original packaging. Returns without an RMA may be refused. A 10% processing/restocking fee may apply.
Wrong item or defective on arrival: contact us without undue delay for an RMA; we will repair, replace or refund as appropriate.

For more details, please review our Refund Policy. 

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these General Terms and Conditions. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Nothing in these GTC limits or excludes liability for intent or gross negligence, or for personal injury where such limitation is unlawful. Subject to mandatory law, we exclude liability for indirect or consequential loss (e.g., lost profits, business interruption, water/electricity costs, spoilage) and for slight negligence.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall OBERON, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Consequential damage

The buyer or operator is responsible for the proper set-up, regular checks as outlined on the operating instructions, and safety. All use is always at the user's own risk. OBERON accepts no liability for damage resulting from installation and use. The instructions in the operating instructions and safety guidelines regarding installation and use must be observed and complied with at all times.

The purchaser is responsible for compliance with local legal regulations, including but not limited to building permits, electrical regulations and certifications, as well as health requirements for public facilities and relevant licences, if required, for cooling and heating systems.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold OBERON, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these General Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - HEALTH AND SAFETY DISCLAIMER

Important Notice to All Users

Before using OBERON ice baths, cold plunges and/or electric chillers, or other devices ("Products"), you must be aware of the risks and advised on the proper precautions to take when engaging in cold water immersion activities. Our Products are designed for general wellness and relaxation purposes and are not intended to diagnose, treat, cure, or prevent any medical conditions or diseases.

Health Restrictions

Users should abstain from using our Products if they suffer from any of the following conditions or fall into the below categories:

  • Untreated coronary artery disease and/or chest pain (angina pectoris)
  • Untreated high blood pressure
  • Severe heart rhythm disturbances
  • Pregnancy
  • Heart disease or high blood pressure
  • Diabetes, especially with complications such as neuropathy or retinal damage
  • Use of a pacemaker
  • History of frostbite
  • Presence of an open wound or recent surgery
  • Epilepsy or similar seizure disorders
  • Any other health concerns or conditions that could be exacerbated by cold water immersion

Consultation with Healthcare Professionals

It is imperative that you consult with a healthcare professional before incorporating our Products into your routine, particularly if you have any underlying health conditions. Cold water immersion can significantly lower your core body temperature, constrict blood vessels, slow blood flow, potentially leading to an increase in blood pressure and posing a risk of cardiac arrest or stroke in susceptible individuals.

Disclaimer of Liability

By using our Products, users acknowledge and agree that they do so at their own risk. OBERON accepts no liability for any injury, loss, damage, or health issues that may arise from the use of our Products. Our Products are not sold as medical devices and should not be used as a substitute for medical treatment. We make no warranties, express or implied, regarding the efficacy of our Products to treat, cure, or prevent any condition or disease.

Our Website does not provide medical advice. Our Products are not authorised or approved by Swissmedic (Schweizerisches Heilmittelinstitute / Swiss Agency for Therapeutic Products) as medical devices intended to diagnose, treat, prevent, mitigate, or cure any disease or health condition. The information, including but not limited to text, graphics, images, and other material contained on this website, is for informational and entertainment purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding symptoms, a medical condition or treatment, and before undertaking any new healthcare regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. 

User Responsibility

The user assumes all responsibility for ensuring they are medically and physically fit to use our Products. Users are urged to follow all safety guidelines, warning labels and instructions provided with the Product and to exercise caution during use.

SECTION 18 - SEVERABILITY

In the event that any provision of these General Terms and Conditions (GTC) is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these GTC, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These General Terms and Conditions (GTC) are effective unless and until terminated by either you or us. You may terminate these GTC at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these GTC, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these General Terms and Conditions (GTC) shall not constitute a waiver of such right or provision. 
These GTC and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms and Conditions). 
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

Swiss law (excluding the UN Convention on Contracts for the International Sale of Goods, CISG) governs. For consumers, statutory consumer fora apply (you may sue at your domicile; if we sue, we must sue at your domicile). For B2B transactions, exclusive venue is Zurich, Switzerland.

SECTION 22 - CHANGES TO GENERAL TERMS AND CONDITIONS (GTC)

You can review the most current version of the GTC at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these GTC by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these GTC constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the GTC should be sent to us at support@oberonlab.com